No. 21-6213

Rosemary I. Mergenthaler v. R. Kenneth Barnard

Lower Court: Third Circuit
Docketed: 2021-11-09
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion bankruptcy bankruptcy-appeal civil-procedure constitutional-rights court-jurisdiction due-process judicial-misconduct justice legal-authority
Key Terms:
DueProcess
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Did the United States Court of Appeals for the Third Circuit criminally abuse and/or exceed its legal authority

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the United States Court of Appeals for the Third Circuit (USCA3 hereafter) criminally abuse and/or exceed its legal authority when the Court had willfully and calculatedly violated constitutional right to due process and justice by knowingly making without any justifiation, for instance, the following false finding of fact that was obviously wrong to even a layperson: Petitioner’s Appeal #21-1172 against U.S. Trustee and R. Kenneth Barnard is identical in substance and on the merit to another entirely different Appeal #21-1171 before the Court to consolidate them and dismiss Petitioner’s most meritorious Appeal for absolutely no ground at all, based on affirmative defenses, if any, that were only available in the latter appeal, to which Petitioner’s was wrongfully consolidated. 2. Did the USCA3 criminally abuse and/or exceed its legal authority when the Court has willfully and calculatedly violated Petitioner’s constitutional right to due process and justice by knowingly dismissing without reviewing at all the merits or reasoning of Petitioner’s Appeal from the U.S. Bankruptcy Court for the District of New Jersey’s Order that had dismissed Petitioner’s Appeal without any discussion on the merits but for instead having made material typographical errors? 3. Did the USCA3 criminally abuse and/or exceed its legal authority when the Court has willfully and calculatedly violated Petitioner’s constitutional right to due process and justice by knowingly dismissing without any rational explanation whatsoever an appeal from the U.S. District Court for the District of New Jersey that had undisputedly acted in concert with Appellees to convert and/or conceal the conversion of Petitioner’s $2,793,000.16 by issuing false orders based on knowing misstatements of fact and/or law in violation of 18 USC 153, 155, 157 & 1961? 2

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2021)

Attorneys

Rosemary I. Mergenthaler
Rosemary Ida Mergenthaler — Petitioner